50 Nationality is conventionally used as a term of international law while citizenship is a term of constitutional law. The two are used interchangeably in this Communication. 51 Ibid psara 137. 52 See the Commission's Resolution 234 on the Right to Nationality adopted at the 53rd Ordinary Session in Banjul, The Gambia in which the Commission reaffirms that the right to nationality is a fundamental human right implied within Article 5 of the Charter and essential for the enjoyment of other fundamental rights. See also Communication 97/93 - John K Modise v Botswana, (2000) ACHPR, 14 AR. Para 89. 53 Convention Relating to the Status of Stateless Persons, opened for signature Apr. 26, 1954, 360U.N.T.S. 117. 54 Article 1 × (1) A Contracting State shall grant its nationality to a person born in its territory who would otherwise be stateless. Such nationality shall be granted: (a) at birth, by operation of law, or (b) upon an application being lodged with the appropriate authority, by or on behalf of the person concerned, in the manner prescribed by the national law. Subject to the provisions of paragraph 2 of this Article, no such application may be rejected. A Contracting State which provides for the grant of its nationality in accordance with sub-paragraph (b) of this paragraph may also provide for the grant of its nationality by operation of law at such age and subject to such conditions as may be prescribed by the national law. . 55 Article 8 × Article 8: (1) A Contracting State shall not deprive a person of its nationality if such deprivation would render him stateless. (2) Notwithstanding the provisions of paragraph 1 of this Article, a person may be deprived of the nationality of a Contracting State: (a) in the circumstances in which, under paragraphs 4 and 5 of Article 7, it is permissible that a person should lose his nationality; (b) where the nationality has been obtained by misrepresentation or fraud. (3) Notwithstanding the provisions of paragraph 1 of this Article, a Contracting State may retain the right to deprive a person of his nationality, if at the time of signature, ratification or accession it specifies its retention of such right on one or more of the following grounds, being grounds existing in its national law at that time: (a) that, inconsistently with his duty of loyalty to the Contracting State, the person (i) has, in disregard of an express prohibition by the Contracting State rendered or continued to render services to, or received or continued to receive emoluments from, another State, or (ii) has conducted himself in a manner seriously prejudicial to the vital interests of the State; (b) that the person has taken an oath, or made a formal declaration, of allegiance to another State, or given definite evidence of his determination to repudiate his allegiance to the Contracting State. (4) A Contracting State shall not exercise a power of deprivation permitted by paragraphs 2 or 3 of this Article except in accordance with law, which shall provide for the person concerned the right to a fair hearing by a court or other independent body of the Convention on the Reduction of Statelessness. 56 See Communication no. Com/ 002/2009 (2011) para 50 57 Communication 279/03 & 296/05 - Sudan Human Rights Organization & Centre for Housing Rights and Evictions v Sudan 58 The Carter Land Commission Report 1933 at para.598-599 59 The Carter Land Commission Report 1933 at para.601 60 This assertion does not negate the fact that Kibera comprises many other ethnic groups who moved into the settlement over time. 61 See UN Fact Sheet No 25: Forced Evictions and Human Rights, (1996) United Nations High Commissioner for Human Rights. 62 General Comment No 7 of the Committee on Economic Social and Cultural Rights, General Comment 7, Forced evictions, and the right to adequate housing, (Sixteenth session, 1997), U.N. Doc. E/1998/22, annex IV at 113 (1997). 63 See Communication 279/03-296/05 - Sudan Human Rights Organisation & Centre on Housing Rights and Evictions (COHRE) / Sudan (2010) ACHPR, para 227. 26